we should not place the power of the State in the hands of this interest. Such a course is anti-republican, and contrary to the genius of our institutions. No, sir, every motive should induce us to disperse the power over the State, and not concentrate it at particular points where it may not always be used for the best interests of the people. I again repeat that the single district system ought to prevail, as I believe it is the most safe and efficient plan to equalize the power and influence of the large and the small counties.

the convoking of this assembly, was "the evil of too much legislation;" and, more than all, "the constant changeability of our laws." And, s'r, the question arises, how can these admitted evils be remedied in the organization of the legislative department of the Government? Now, sir, in my opinion, the most effectual manner of accomplishing this object is by improving the character of the Senate. İf, by reducing the number of senators, and lengthening the term of their service to four years, we can draw forth the wisdom and worth of the State, we shall thereby do much, in my opinion, towards giving a permanent character to our State policy. Sir, I have heard it intimated that a proposition will be made to abolish the Senate entirely, or, if retained at all, it should be made the same as the House of Representatives, by being elected by the same voters, and for the same period of service. In this view, I certainly cannot concur, as I have always looked upon the Senate, in the institutions of our country, as a body, who, from the fact of their being composed of the older men of the country, and mostly possessing much experience, would be most likely to correct the evils of too much legislation. They should be men who are thoroughly acquainted with the affairs of the State, stable in character, not only from the fact of their holding well matured princi

Sir, it has been intimated by some of the members representing large counties that they are prepared to vote for an increase of the House of Representatives if those representing the interests of the small counties could be induced to reduce the Senate to some thirty-two or thirty-four members, provided that the whole number in both Houses did not exceed the present number of the members of the General Assembly-namely one hundred and fifty. So far as I am personally concerned I can say that I came here rather expecting, and perhaps desiring, a reduction of the Senate to some thirty-four or thirty-six members; but I expected { an increase in the House of some fourteen or sixteen members, thus keeping the whole number of the members of the General Assembly as at present. I know that there are some who have shown a great anxiety to reduce the num-ples and opinions, but also from the fact that ber in both Houses, thinking it would have a only one-half of them will be changed in every tendency to expediate legislation; but in this I{ two years. This arrangement I regard as think they are deceived; for it occurs to me that necessary, in order that those senators who are facts will show that in those States where they to supply the places of those who retire should have the largest number of representatives—have the benefit of the experience of those the New England States for instance-business who are to remain. In so far, I agree with the is done with more dispatch than it is in smaller report of the committee, that the length of bodies. Now when we consider the present their service should be four years, and that onenumber of the inhabitants of the State, and half of the body should be elected fresh from the prospect that in some twenty years hence the people every two years. One of the greatshe will double her present population, I do est objections I have to the Senate, as at presthink that one hundred and twenty men to rep-ent constituted, is, that it is too numerous, and resent her great interests in the popular branch of the Legislature are as few as ought to be asked for or desired.

But, sir, after all the argument that has been urged on this floor in regard to the Senate, I am still of opinion that, in point of numbers, it could be reduced to advantage, and I would go for it did I not think that by thus voting gentlemen might begin to entertain the idea that the House of Representatives could also be reduced with equal advantage, and might vote to reduce it accordingly. The opinion has been expressed by several gentlemen-in which I, in a great measure, concur-that the reduction of the Senate would tend to give more permanency to our legislation.

I know that it has been repeated on this floor until it has become almost threadbare, that one of the greatest evils complained of by the people of the State, and which, perhaps, operated as much as any other cause in requiring

too similar in its character to that of the House of Representatives, and for that reason, operates as but a slight check upon the action of that body. The majority of the Senate is elected by single counties, and these counties, also, elect the majority of the members of the House. Being elected by the same voters and in the same counties, it has generally been found that what the representatives of these counties passed in the House, the persons representing the same counties in the Senate mostly sanctioned. Now, if the Senate is reduced to some thirty-six or forty members, it would take, in most of the districts-say three-fourths of them-two or three counties to make a senatorial district, and but very few senators would be chosen by single counties. This, I imagine, would have a much better tendency to constitute the Senate in such a way as to make it a reasonable check upon the House of Representatives; and if, in addition to this reduction, we

pone indefinitely is in order now, although it was not in order yesterday evening, a motion of the same kind having been made a short time before.

many others also. I said, a few days ago, that the Convention had nothing to do with such resolutions as these that they were improperly introduced here, and that I did not think the Mr. BORDEN. I move, then, sir, that the Convention had any right to call upon me to resolutions and pending amendments be indefi- express an opinion in regard to the subjects nitely postponed; and I have a few words to embraced in these resolutions; and that in my say upon that motion. Yesterday when the opinion the Convention ought to lay them upon Convention adjourned, I was addressing a few the table, and return to its legitimate business, observations to this body in regard to this mat- as my constituents did not send me here to do ter, and I wish to correct a misapprehension the business which properly appertains to Conthat I see prevailing in a paper of this morning.gress. What is it that this Convention should The paper seems to intimate that there was desire under the circumstances? They should some difficulty between the gentleman from Po-chiefly desire to promote peace and harmony sey and myself. It would seem, from this paper, throughout the country. Ours is the province that the impression has got abroad that I was to pour oil upon the troubled waters, and not addressing some observations to the gentleman to agitate them. The excitement that prevailfrom Posey of an unpleasant character. This, ed has mostly subsided since the adjournment certainly, is a great misapprehension of the of Congress; for with the exception of a very facts. Now I will state what I had in view on few traitors at the South, and fanatical agitathat occasion. And first, I will observe, that tors at the North, there now remains nothing to during the last summer I paid but little attention disturb the tranquillity of the country. to the proceedings of Congress. I was absent I have no doubt, sir, but there are many porfrom home during a great part of the time. Af- tions of the fugitive slave bill that requires modter my return my time was occupied in attend-ification; but I believe that the people of the ing to my affairs, and I had but little leisure to ascertain what was going on in Congress. I know but little, therefore, about the particulars of the compromise measures, and by the proposition which is here submitted to us we are called upon to indorse the whole of them together. As I was desirous of being more particularly informed upon the subject, I addressed certain questions to the gentleman from Posey, because he introduced the proposition, and I therefore supposed that he, having had more leisure than myself, had informed himself thoroughly of the proceedings of Congress in relation to those measures, or else he would not ask us to indorse them; and that he could inform the Convention whether we were acting properly or not in indorsing those measures by wholesale, and I stated to him at the time that I hoped he would give us this information. I say, then, that as regards the fugitive slave law, I have not had time to give it that thorough examination which so grave a subject really demands, not having had an opportunity to do so, and not knowing what constructions may be put upon it by the courts. I have heard, however, in conversation here in the Convention, some things stated in regard to the interpretation put upon it by the United States Judge in this district, which, if it be true, will prevent me from giving my support to all its features, although I say here that no man will go further than I will to sustain the Union. I will go as far as he who goes farthest to maintain the laws of the land so long as they remain in force on the statute book. And when gentlemen get up on this floor as they have done, and say that those who will not vote for the resolutions of the gentleman from Wayne are disunionists, they do me injustice, and they do injustice to

country generally are disposed to have it executed until it is repealed or greatly modified. But, sir, this is not the only measure that is connected with the Congressional scheme of compromise, and which we are now asked to indorse by the wholesale. There is, for instance, the bill respecting the settlement of the boundary of Texas, and for the establishment of territorial governments for Utah and New Mexico. There may be, and probably are, objections to these measures which none of us now fully perceive. And for that reason, perhaps, all of us are not now ready to approve of them, yet it is submitted to us as one entire question, whether we approve of them as a whole or not. I was addressing certain questions, as I have said, to the gentleman from Posey, and among other things I asked gentlemen of this Convention, how many of them had read this fugitive slave bill, to see what particular provisions it contained. I inquired how many delegates on this floor had examined closely the proceedings of Congress in relation to these measures; and I asked the gentleman from Posey in particular, to inform this Convention whether it was not true that a committee was appointed in the Senate of the United States, consisting of Southern men, and others who usually acted with them; and whether they had not agreed upon the boundary between Texas and New Mexico, commencing at the south-western corner of the Indian territory, in about latitude 34, and running to the Rio Grande, near El Paso, in about latitude 32, which was to be the permanent boundary between that State and Territory; and if this line had been agreed upon it would not have transferred the greater portion of the valley of the Puerco river to Texas, and have thus transferred

a territory as large as the State of Indiana from New Mexico to Texas?

"The bill converts forty-three thousand six hundred and thirty-seven square miles of free But that the South, not satisfied with this, soil into slave territory, if the people residing demanded still further concessions, and that upon it shall so decide when they form a constithirty-six thousand more acres of free territory tution, preparatory to coming into the Union as was, by this compromise measure, transferred to a State. By the resolutions of annexation it is Texas, and the United States had to pay them provided: New States of convenient size, not ten million of dollars to induce them to take it. { exceeding four in number, in addition to the Are we prepared to say that they have done said State of Texas, and having sufficient popuright? If they have not done so, it is true the act lation, may hereafter, by consent of said State, cannot be recalled; but I ask why should we be formed out of the territory thereof, which be required to indorse their action? There are shall be entitled to admission under the provissome things connected with those measures, ions of the federal Constitution; and such that, had we been members of Congress, we States as may be formed out of that portion of might have voted for, and others we would have said territory lying south of 36 deg. 30 min. of felt bound to oppose; but here we are called north latitude, commonly known as the Missouri upon to indorse the whole of them together. Compromise line, shall be admitted into the Like young eaglets, we are to open our mouths Union with or without slavery, as the people of and swallow down whatever our leaders may each State asking admission may desire; and in see proper to present to us. I, for one, am not such State or States as shall be formed out of prepared to indorse measures by wholesale. said territory north of said Missouri ComproAnd I hold that this fugitive slave law ought mise line, slavery or involuntary servitude (except not to be dragged in here for the purpose of ob- for crime) shall be prohibited. Most of the tertaining an expression of our opinion upon it. ritory last referred to is included within the limits of New Mexico."

I now wish to call attention for a moment to some other points, which I hope will be carefully examined by the Convention before they indorse them. In the first place, sir, I wish to direct attention to the circumstance of free territory being taken from New Mexico and given to Texas to be made slave territory. Now I do not believe there is a man on this floor who will not say at least I am satisfied that the gentleman from Posey himself, who has investigated this matter-will not pretend to say that there ever was a foot of country watered by the river Puerco, that was within the province of Texas. The country lying upon the Upper Rio Grande, including the valley of the Puerco, never was Texan territory, although the country below the mouth of the Pedidro, usually

Now here, sir, it is expressly admitted that this bill has taken forty-three thousand square miles of free territory and transferred it to Texas, to be made slave territory. Are we prepared to say that is right? That after the South had fixed upon its ultimatum in regard to this matter, it is right to go north of the line and take territory and transfer it to a slave State? And is not that the operation of the measure! And are we prepared to indorse it?

Well, sir, there is another subject.

It will be recollected that some thirty years since, when Missouri was admitted, it was agreed that slavery should never extend beyond what That is to say, north of 36 deg. and 30 min. was termed the Missouri Compromise line. called the Lower Rio Grande, was. It was settled by the Spaniards long before any porBut it is now said that these compromise meastion of the United States was settled. Yet the ures, adopted at a late session of Congress, regreater portion of the lower valley of the Puer-scinds this agreement. Listen a moment to co has been transferred to the Texas. what Mr. Bailey says upon this subject. He

Mr. PEPPER of Ohio. Irise to a question of says: order. The question before the Convention is, "The act establishing a territorial governI believe, on the amendment to the resolutions.ment for New Mexico, provides, 'that when adThe gentleman is certainly wandering very farmitted as a State, the said territory, or any porfrom the question under consideration.

The PRESIDENT. The question is on the motion for indefinite postponement.

Mr. PEPPER did not press his point of order, and

Mr. BORDEN proceeded.

Now, sir, (said Mr. B.,) I wish to state here what was said by Southern statesmen on this subject. I read, sir, from an address of Mr. Bailey, a distinguished member of Congress from Virginia, to his constituents, soon after the measures passed Congress which we are now asked to indorse. Speaking of the Texan boundary bill, he says:

tion of the same, shall be received into the Union, with or without slavery, as their Constitution may prescribe at the time of their admission.' The absolute prohibition of slavery north of 36 deg. 30 min. is removed by this provision."

Now, sir, is this Convention prepared to say that in violating that compromise, our senators and representatives done their duty to the people of this State! For my own part, I can only say that if this be the true construction to be put upon that measure, it can never receive my assent. The measure being passed, it may not be expedient now to interfere with it, but I can see no necessity for our coming out and indors